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Disciplinary Reporter Case Digest

Attorney ID 2512
Attorney Name Kear, Alan
DBP Docket No. 10 DB 2004
Supreme Court Docket No. 1068 DD No. 3
County Philadelphia
Disciplinary Counsel Donna M. Snyder
Counsel for Respondent None
Decision Date 2005-11-01
Effective Date 2005-12-01
Case Digest Respondentís professional misconduct in four separate matters included misappropriation and commingling of client, personal, and estate funds, acts of deception, as well as improperly advancing funds to clients. In the first case, after settling a matter for his client, Respondent failed to keep the settlement proceeds for his client in his trust account pending distribution of those funds, resulting in the account being out-of-trust. Respondent used the initial settlement proceeds to pay his mortgage. In the second case, Respondent opened an estate account and failed to file an inventory, accounting or pay inheritance tax. Respondent wrote twenty-three checks from the estate account payable to himself and deposited two insurance proceeds belonging to the estate into his escrow account. In the third case, Respondent commenced a civil action on behalf of his client which was dismissed when the parties failed to appear for arbitration. Respondent paid his client $6,000 as settlement money using the proceeds of the two checks belonging to the estate account. Finally, in the last case, Respondent provided financial support to a client by advancing her monies prior to the settlement of her case. Respondent offered documents related to his psychiatric treatment, although he did not provide expert testimony or a report from the doctor. The Board found that evidence was not sufficient to meet the Braun standard for mitigation. Respondent was suspended for three years.
Rule Violation(s) RPC 1.15(a), RPC 1.15(b), RPC 1.8(e), and RPC 8.4(c).
Discipline Imposed Three year suspension
Points of Law
Report/Opinion Download